Case Law Details
Islamic Book Service (P) Ltd. Vs Sh. Abdur Rauf Najeeb Bakali (District Court)
Held that there is no infringement of copyright as some contents are bound to be similar as teaching given in the Holy Books Quran and Hadees and other religious text related to Islam religion are bound to be same in all books which are about teaching on Islam.
Facts-
Maulvi Abdul Aziz, S/o Maulvi Mohammadin was the owner and author of literary work in Urdu language entitled as “Islami Taleemat” series of books part I to VIII and he has assigned the copyright in the aforesaid literary work to the plaintiff unconditionally and also handed over the manuscript of the said work against consideration. Hence, he has left with no right, title or interest in the said literary wok and plaintiff becomes the sole / exclusive owner of all rights of the said work.
The copyright was granted by the Registrar of Companies vide registration No. L13204/92 to L13210/92 in the name of the plaintiff on 26.5.1992. It is further stated that the books “Studies in Islam” Grade one to Grade eight is being published by the plaintiff exclusively and continuously since 1992 because of said copyrights and it has become distinctive and said book has been sold on extensive scale in Delhi as well as abroad. The plaintiff has spent huge amount on the advertising, publicity and sale promotion through printing, visual and electronic media to popularize the said book.
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